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HomeMy WebLinkAbout06112018 City Council Laydown - Ord 18-003 Redlined REDLINED VERSIORdL/A0 //goo/ Laiden.w.,_ 1_ i / ? 003 VaelDU Sponsored by: Hunt Introduction: June 11,2018 Public Hearing: June 25,2018 Enactment: June 25,2018 CITY OF SEWARD,ALASKA ORDINANCE 2018- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, TO REVISE SEWARD CITY CODE 3.40, GRIEVANCE PROCEDURE. WHEREAS,the current grievance procedure was drafted in 1977 and last updated in 2000; and WHEREAS, the current grievance procedure requires a citizen appeal board for all grievances,regardless of the nature of the complaint; and WHEREAS,the current time limits are not practical; and WHEREAS,the current procedure provides the same process for all grievances regardless of due process rights;and WHEREAS,the proposed amendments provide more practical time limits; and WHEREAS, the proposed amendments provide a heightened procedure for significant disciplinary matters. NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Section 3.40 is amended as follows: (Deletions are Bold kethr-eughs; Additions are Bold Underline) Chapter 3.40. Grievance Procedure 3.40.010. Policy 3.40.015. Discussion of a problem with supervisor. 3.40.020.Definition of a grievance. 3.40.0125. Supervision of grievance procedure. 3.40.020. n f •t• „f., R l I _ , ! ' . . . . . . . . . 3.40.030. Grievance procedure steps. 3.40.035. Employee representation. ' 507486\1006\00693554 CITY OF SEWARD,ALASKA ORDINANCE YEAR-XXX i I. . . 3.40.0540. Time limits. 3.40.0M5. Extension of time limits. 3.40.0650.No discrimination or reprisals. 3.40.010. Policy. It is the policy of the City of Seward to treat all employees equitably and fairly in matters affecting their employment. Pursuant to SCC 3.25.035(a), probationary employees,including seasonal employees, are excluded from this grievance procedure, but may approach their supervisor or the appropriate authority to report violations of City code or policy. regulatiensT The presentation of any grievance shall be the right of each employee without fear of reprisal. The purpose of this article is to resolve disputes at the lowest level possible. Informal resolution is encouraged. The City has an open-door policy and all employees are encouraged to discuss matters of concern with members of management, including the City Manager at any time,without having to file a formal grievance. (Ord. 437, 1977) 3.40.015. Discussion of a problem with supervisor. Any employee having a problem regarding employment shall first and promptly discuss the problem with the immediate supervisor. If the problem is not settled and the problem is defined as a grievance,the employee has the right to present the grievance in accordance with the procedure outlined in Section 3.40.030. No employee shall be intimidated, harassed, retaliated against or reflect in their evaluation because they bring forward a problem,concern or grievance. However,willful abuse of the grievance policy may be subject to discipline in accordance with Section 3.55.020. (Ord. 437, 1977; Ord. 2000-011, 1,2000) 3.40.020. Definition of a grievance. A grievance is a written complaint by the employee or group of employees alleging a specific violation of rights under or failure to apply a section or sections of the city charter,city code, personnel rules and regulations or misapplication or interpretation thereof, or departmental rules and regulations, which directly pertain to the terms or conditions of employment of such employee or group of employees by the City of Seward. CITY OF SEWARD,ALASKA ORDINANCE YEAR-XXX A grievance is not to resolve general complaints or concerns regarding other employees. Complaints are resolved at the department level. Personnel policies and Code guide the behavior and actions of employees; the grievance process addresses the violation misapplication or interpretation, or neglect of those policies and Code. Where there is disagreement about whether a matter is defined as a complaint or a grievance,the appointing authority's decision shall prevail. Where an employee disagrees with the appointing authority's decision, the employee may document the disagreement for placement in their personnel file. (Ord. 437, 1977) 3.40.0125. Supervision of grievance procedure. The appointing authority(City manager,or in regard to the City Clerk's office,the City Clerk,) shall oversee the handling of all employee grievances so that they are processed in accordance with the procedures stated in this chapter. Supervisors and department heads shall keep the appointing authority and Personnel Officer informed of all grievances in progress. Assistance in understanding the grievance procedure will be provided by the Personnel Officer if requested. (Ord. 437, 1977; Ord. 610, 1988; Ord. 95-05) . . • . . . • . • . . . •_ • . . . . . . . . . . . • . • . . , . employees. (Ord. 437, 1977) i - . • . . . . . . . . CITY OF SEWARD, ALASKA ORDINANCE YEAR-XXX . • . . . ,. ! ! 1• 3.40.030. Grievance procedure steps. A. General grievances. Disciplinary grievances involving dismissal, demotion, or unpaid suspension of more than one week for regular non-appointed employees will proceed directly to hearing in section B below. All other grievances shall be handled in the following manner: StepI. __ . . .. .• • _ . . . . • r . , • _ • . • • •• . . • . . . . • . I.! - • . . • . . . • . . An employee shall present their grievance to their immediate supervisor within fifteen(15) working days from the time of occurrence of the problem. The supervisor shall attempt to resolve the problem within ten (10)working days after the grievance is timely received from the employee. Step 2. . • _ •. : : • - • : , - • ,• . . . . • . . __ :, . . . • .. . _ . . . . .. . . • • . . . . . . . • . If the employee has not received an answer from the immediate supervisor within ten (10) working days,or if the employee feels the answer received is not satisfactory,s/he will reduce to writing the facts and circumstances of the grievance and present the written statement to their Department Head within ten (10)working days after the supervisor's deadline in Step One. The Department Head will investigate the grievance and meet with the employee to discuss the grievance within five (5) working days. The Department Head will notify the employee of their decision within five (5) days following the meeting date. In regard to employees of the Office of the City Clerk,non-disciplinary grievances not resolved at Step 1 will be forwarded to Council in a confidential informational memorandum and will not proceed to Step 3. Step 3. -•- ' _ : . . . • .. . . • . • . • . CITY OF SEWARD,ALASKA ORDINANCE YEAR-XXX • • , • •• , ; . • • . . • • . . . • . ..If the employee has not received an answer from the Department Head within five(5)working days,or if the employee believes the answer received is not satisfactory,s/he may appeal in writing to the City Manager within five(5)working days after the supervisor's final deadline in Step Two.The City Manager,or Acting City Manager,will investigate the grievance and meet with the employee to discuss the grievance within five(5)working days.The City Manager,or Acting City Manager,will notify the employee of their decision within five (5) days following the meeting date. For any grievance not involving unpaid suspension of more than one week,demotion or termination of employment, the decision of the City Manager is final. The City manager shall maintain a confidential file containing all Step 3 grievance responses and will provide a general summary of the prior year for review by the City Council annually in executive session,without identifying specific employee information. Step-4. B. Significant disciplinary grievances. a. , . stcp,,For disciplinary actions involving dismissal, demotion, or unpaid suspension of more than one week for regular non-appointed employees, including employees of the Office of the City Clerk, an employee of employees may request a hearing before an appeal board by submitting a request for a hearing to the appointing authority within five working days after receiving the decision from which the appeal is taken, not including the day the decision is received. The appeal board shall consist of three people chosen from a list of available supervisory and non-supervisory local representatives agement andwho are not City of Seward employees or elected city officials. The appointing authority will select one person from the list, the employee shall select one person from the list and the third person shall be mutually agreed upon. In the event of inability to agree on a third member,the employee and appointing authority will alternately strike names from the list until only one name remains. The remaining name will be the third board member.The employee will be given the first opportunity to strike a name from the list. The appeal board will agree to designate one of its members as chairman. b. The board shall conduct the-a closed hearing expeditiously and in a manner to obtain a clear understanding of the facts. The procedure shall be informal. Technical rules regarding evidence and witnesses do not apply.Witnesses will be considered on duty status if they would otherwise be on duty at the time of the hearing. Witnesses shall CITY OF SEWARD,ALASKA ORDINANCE YEAR-XXX be encouraged to express themselves fully without fear of intimidation or reprisal. The hearing shall be recorded. c. The sole issue to be determined by the board is whether there was just cause to substantiate the discipline and/or the severity of the discipline. The board shall submit a written report of its findings and determinations to all interested parties within five working days after hearing testimony. The decision of the board is the final step within the administrative process of the City of Seward. (Ord 437, 1977; Ord. 95-05; Ord. 2000-011, §1, 2000) 3.40.035.Employee representation. Each employee shall be afforded an opportunity to be represented at each of the above steps by a representative of his/her choice.Employees shall contact and discuss their problems with their representative only during break periods,lunch hour,before or after work or at any other time when they are not on duty. However, grievance hearings may be held during work hours. (Ord. 437, 1977; Ord. 2000-011, §1, 2000) 3.40.040. Disciplinary action. procedure. (Ord. 437, 1977) ., i.i. . . . • . • . . means-of-r-edress-te4he-eourts. A • S : :. i iii i _iii 3.40.0540. Time limits. (a) If the grievance procedures are not initiated within the time limits established by this chapter,the employee shall be considered as having waived his/her right to grieve the particular violation and initiation of a grievance for the same act or omission is thereafter barred. CITY OF SEWARD,ALASKA ORDINANCE YEAR-XXX (b) Any grievance not taken to the next step of the grievance procedure within the time limits established by this chapter shall be considered settled on the basis of the last reply made and received in accordance with the provisions of this chapter. (c) If the city fails to meet or answer any grievance within the time limits prescribed for such action by this chapter, such grievance shall automatically advance to the next step. • . . . . , . . .. • • . . • . • . . • , • (Ord. 437, 1977; Ord. 610, 1988; Ord 2000-011, § 1, 2000) 3.40.0545. Extension of time limits. The time limits prescribed in this chapter for the initiation and completion of the steps of the grievance procedure may be extended by mutual consent of the parties so involved. Likewise, any step in the grievance procedure may be eliminated by mutual consent. Mutual consent shall be indicated in writing and shall be signed by all parties. Although all efforts should be made to comply with the time limits for initiation and completion of the steps in this grievance procedure,each time limit may be waived for excusable neglect or impossibility such as illness or planned leave. (Ord. 437, 1977; Ord 610, 1988) 3.40.0650.No discrimination or reprisals. Employees are entitled to have grievances resolved without fear of recrimination or penalty. Employees shall be free from interference,restraint,coercion,discrimination or reprisal in utilizing or for utilizing the grievance procedures contained in this chapter. Employees shall be free from interference, restraint, coercion, discrimination or reprisal in testifying in a grievance procedure conducted under this chapter. (Ord 43Z 1977; Ord. 92-23) Section 2. This ordinance shall take effect ten days following its enactment, but does not apply to current grievances at Step 2 or above. PASSED AND APPROVED by the City Council of the City of Seward,Alaska,this day of 2018. CITY OF SEWARD,ALASKA ORDINANCE YEAR-XXX THE CITY OF SEWARD,ALASKA David L. Squires,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, CMC City Clerk (City Seal)